Mr Martin Garfoot, MRPharmS, has been awarded damages of £400,000 from another pharmacist, Mrs Lynn Walker, after she was found to have falsely accused him of raping her at a branch of Boots the Chemists Ltd at North Shields, Tyne and Wear.
A jury at the High Court at Newcastle-upon-Tyne ruled in Mr Garfoot's favour on February 7. The jury of eight women and four men found that his reputation had been damaged by the allegations and awarded him £400,000 compensation. Mr Justice Hooper ordered that Mrs Walker should pay an estimated £150,000 in costs. She had previously turned down an offer by Mr Garfoot to pay him £25,000 damages and make a public apology.
Mrs Walker was not in court to hear the decision against her. She has had her assets frozen by the court.
The judge lifted the restriction placed on identifying her after an application by the press and Mr Garfoot's lawyer, Mr Edward Garnier, QC. Mr Justice Hooper said: "It is clearly in the public interest that Mrs Walker should be identified."
Mr Garfoot began his legal battle for damages claiming that the false allegations of harassment and rape by his colleague had severely injured his reputation PJ, February 5, p202). He had been accused of a catalogue of physical and verbal abuse which had allegedly culminated in him raping her in a staff room in January, 1996. He issued defamation proceedings after Mrs Walker had made two written statements outlining her allegations to senior managers at Boots. These complaints were made nine months after the alleged incident took place.
Mr Digby Emson (superintendent pharmacist, Boots the Chemists) told The Journal on February 8: "Boots carried out a thorough investigation at the time of the accusations and took appropriate action following the investigation. I am bound by a duty of confidentiality to our employees which prohibits me from disclosing any further details."
According to evidence given in court, Mr Garfoot was suspended from his job during the internal investigation and subsequently transferred to a different branch.
Mrs Susan Sharpe (director of professional standards, Royal Pharmaceutical Society) told The Journal that the Society would be holding an inquiry into the case. The actions taken by the Society would depend on the results of that inquiry.
Principle two of the Society's Code of Ethics says that pharmacists should "uphold the honour and dignity of the profession and not engage in any activity which may bring the profession into disrepute". The guidance notes add that any breach of law could be considered misconduct.